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Regular
Meeting Annotated Agenda |
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Click on the linked agenda item titles below for background materials/reports. Adopted Resolutions and Ordinances (second reading) are available via Records Online (http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=4222) as soon as they are finalized. Note:
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Annotated AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, November 6, 2007
Council Chambers – 2134 Martin Luther King Jr. Way
Teleconference Location – 1636 Channing Way, Berkeley, CA
Tom Bates, Mayor
Councilmembers:
|
District 1 – Linda Maio |
District 5 – Laurie
Capitelli |
|
District 2 – Darryl Moore
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District 6 – Betty Olds |
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District 3 – Max Anderson
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District 7 – Kriss
Worthington |
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District 4 – Dona Spring |
District 8 – Gordon
Wozniak |
Preliminary Matters
Roll Call: 7:22 p.m. All present.
Ceremonial Matters:
1.
Proclamations
·
Retirement of Berkeley City Attorney –
Manuela Albuquerque
·
Recognition of George Barbero
Public Comment – Consent
Calendar Items Only – 4
Public Comment – Items Not Listed on the Agenda – 1
Consent Calendar
Action: M/S/C (Capitelli/Moore) to adopt Consent Calendar in one motion except as indicated. Removed Item 4 for discussion. Item 16 removed from Agenda by City Manager with a new date to be determined.
1. Amendment to FY 2008 Annual Appropriations Ordinance (PDF, 392 KB)
Recommendation:
Adopt second reading of Ordinance 7,000–N.S
amending the FY 2008 Annual Appropriations Ordinance No. 6,935–N.S. for fiscal
year 2008 based upon recommended re-appropriation of committed FY 2007 funding
and other adjustments authorized since July 1, 2007, in the amount of
$61,848,111 (gross) and $52,178,359 (net).
First
Reading: Ayes: Anderson,
Capitelli, Maio, Moore, Olds, Spring, Worthington, Wozniak and Bates. Noes:
None. Absent:
None.
Financial Implications: See report
Contact: Tracy Vesely, Budget Manager, 981-7000
Action: Adopted second reading of Ordinance No. 7,000–N.S. Effective date December 6, 2007.
2. Lease: 1013 Pardee Street No. 105 (PDF, 234 KB)
From: City Manager
Recommendation:
Adopt second reading
of Ordinance 7,001–N.S authorizing a new one year lease from October 1, 2007 to
September 30, 2008 for an existing warehouse at 1013 Pardee Street, No.105
(alternate address of 2700 10th Street) for the storage of fire and police
equipment, emergency supplies and equipment.
First Reading: Ayes: Anderson, Capitelli, Maio, Moore, Olds, Spring, Worthington, Wozniak and Bates. Noes: None. Absent: None.
Financial Implications: Measure Q, Budget Code - $138,293
Contact: Debra Pryor, Fire, 981-3473
Action: Adopted second reading of Ordinance No. 7,001–N.S. Effective date December 6, 2007.
From: City Manager
Recommendation: Adopt second reading of
Ordinance No. 7,002–N.S to amend Ordinance No. 6,749–N.S., the City of Berkeley
Deferred Compensation Plan to add a new Article XIII, Purchase of Additional
Retirement Service Credit from the California Public Employees' Retirement
System (CalPERS).
First Reading: Ayes: Anderson, Capitelli, Maio, Moore, Olds, Spring, Worthington, Wozniak and Bates. Noes: None. Absent: None.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action: Adopted second reading of Ordinance No. 7,002–N.S. Effective date December 6, 2007.
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 62,857–N.S., Council Rules of Procedure, Chapter IV
Conduct of Meetings, regarding Comments from the Public, Public Hearings and
Work Sessions.
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
Action: Removed from Consent for discussion . Adopted Resolution No. 63,875–N.S. as amended to modify Section A-1 to call opposition first for public comment on Consent Calendar Items. Vote: Ayes – Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Wozniak, Bates; Noes – None.
5. Commission Chair and Vice Chair Training (PDF, 247 KB)
From: City Manager
Recommendation: Adopt a Resolution
amending Resolution No. 60,531–N.S. relating to commission chair and vice chair
training to allow commission officers to complete the required training via
online video.
Financial Implications: See report.
Contact: Pamyla Means, City Clerk, 981-6900
Action: Adopted Resolution No. 63,876–N.S.
6. Contract Amendment: Access Information Management, Commercial Records Center Services (PDF, 254 KB)
From: City Manager
Recommendation:
Adopt a Resolution
authorizing the City Manager to execute an amendment to Contract No. 7421 with
Access Information Management for commercial records center services to
increase the contract amount by not to exceed $6,000 to bar code City
inventory.
Financial Implications: General Fund - $6,000
Contact: Pamyla Means, City Clerk, 981-6900
Action: Adopted Resolution No. 63,877–N.S.
7. Minutes for Approval (PDF, 278 KB)
From: City Manager
Recommendation: Approve
the minutes for the Council meetings of October 9, 2007 (closed and regular).
Financial Implications: None
Contact: Pamyla Means, City Clerk, 981-6900
Action: Approved minutes as submitted.
8. Adoption of the 2007 California Fire Code with Local Amendments (PDF, 420 KB)
From: City Manager
Recommendation:
1) Adopt the
first reading of an Ordinance repealing and re-enacting the Berkeley Fire Code
Chapter 19.48 and related procedural and stricter provisions;
2) Schedule a public hearing along with the adoption of the Ordinance for November 27, 2007.
Financial Implications: See report
Contact: Debra Pryor, Fire, 981-3473
Action:
1) Adopted first reading of Ordinance No. 7,003–N.S. Second reading scheduled for November 27, 2007.
2) Scheduled public hearing for November 27, 2007.
9. Adoption of Revisions to Berkeley Municipal Code 13.46 (Indoor Entertainment Events) (PDF, 211 KB)
From: City Manager
Recommendation: Adopt the first reading of
an Ordinance amending Berkeley Municipal Code Chapter 13.46 Indoor
Entertainment Events.
Financial Implications: None
Contact: Debra Pryor, Fire, 981-3473
Action: Adopted first reading of Ordinance No. 7,004–N.S. as amended. Second reading scheduled for November 27, 2007.
10. Classification: Library Administrative Manager (PDF, 248 KB)
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 61,812–N.S., Classification and Salary Resolution for Unrepresented Employees, to change the title of Library Financial Manager to Library Administrative Manager and to revise the classification specification effective November 1, 2007.
Financial Implications: None
Contact: David Hodgkins, Human Resources, 981-6800
Action: Adopted Resolution No. 63,878–N.S.
11. Contract Amendment: Gilman Project Permit Process - LSA Associates (PDF, 246 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to Contract No. 7344 with
LSA Associates, Inc. for consulting services for the Gilman Project permit
process by $18,056 for a total not to exceed $36,336, which includes a 20%
contingency, through June 30, 2008.
Financial Implications: General Fund - $36,336
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 63,879–N.S.
12. Contract No. 7349 Amendment: Gilman Project Environmental Monitoring - Fugro West (PDF, 246 KB)
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to execute an amendment to Contract No. 7349 with
Fugro West, Inc., for environmental monitoring services by $23,150, plus a 20%
contingency, for an amount not to exceed $62,035 through June 30, 2008.
Financial Implications: General Fund - $62,035
Contact: William Rogers, Parks, Recreation and Waterfront, 981-6700
Action: Adopted Resolution No. 63,880–N.S.
13. Adoption of Berkeley Building Codes (PDF, 412 KB)
From: City Manager
Recommendation:
1) Adopt
first reading of an Ordinance repealing and re-enacting the Berkeley Building,
Electrical, Mechanical and Plumbing Codes and related procedural and stricter provisions
in BMC Chapters 19.28, 19.30, 19.32 and 19.36;
2) Schedule a public hearing, along with the adoption of the Ordinance for November 27, 2007.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action:
1) Adopted first reading of Ordinance No. 7,005–N.S. Second reading scheduled for November 27, 2007.
2) Scheduled public hearing for November 27, 2007.
14. Contract: Mills Act - 2611 Ashby Avenue (PDF, 789 KB)
From: City Manager
Recommendation:
Adopt a Resolution
to direct the City Manager to enter into a Mills Act contract for 2611 Ashby
Avenue.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted Resolution No. 63,881–N.S.
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to amend the existing loan agreement with Freight
and Salvage (Berkeley Society for the Preservation of Traditional Music) to
increase the loan amount by up to $350,000 to pay for City building permit fees
for the Society’s new venue at 2020-2026 Addison Street and to modify the loan
terms to allow forgiveness of $77,000 of the original loan principal when
Freight and Salvage receives a Certificate of Occupancy for its new building at
2020-26 Addition.
Financial Implications: See report
Contact: Dan Marks, Planning and Development, 981-7400
Action: Adopted Resolution No. 63,882–N.S.
From: City Manager
Recommendation: Adopt a Resolution
authorizing the City Manager to enter into a contract with East Stockton
Transfer Recycle to sort construction and demolition waste for an annual amount
not to exceed $1,382,500 in FY 2008 and a total contract amount not to exceed
$5,727,500 for FY 2008, FY 2009 and FY 2010, for the period November 12, 2007
to June 30, 2010.
Financial Implications: Refuse Fund - $1,382,500
Contact: Claudette Ford, Public Works, 981-6300
Action: City Manager removed item from Agenda. New date will be determined at the November 13, 2007 Agenda Committee Meeting.
From: Auditor
Recommendation: Request the City Manager to report back on or before May 15, 2008, and every three months thereafter, regarding the implementation status of the audit recommendations in the attached audit report until each recommendation is fully implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Approved recommendation.
From: Auditor
Recommendation: Request the City Manager
to report back during February 2008 regarding the implementation status of each
of the City Auditor's recommendations in the attached report, and to report
back no later than every six months thereafter, until all recommendations have
been implemented.
Financial Implications: See report
Contact: Ann-Marie Hogan, Auditor, 981-6750
Action: Approved recommendation.
19. Supporting the Jubilee Act of 2007 (H.R. 2634) (PDF, 848 KB)
From: Peace and Justice Commission
Recommendation: Adopt a Resolution urging the United States government to pass the Jubilee Act for Responsible Lending and Expanded Debt Cancellation of 2007 (H.R. 2634), and to commence efforts to obtain agreements from the international financial institutions to cancel all debts owed to them by impoverished countries.
Financial Implications: None
Contact: Manuel Hector Jr., Commission Secretary 981-5100
Action: Adopted Resolution No. 63,883–N.S.
20. Free the San Francisco Eight (PDF, 244 KB)
From: Peace and Justice Commission
Recommendation: Endorse the cry of people
demanding justice by stating publicly that in the interest of justice, Jerry
Brown, Attorney General of the State of California, should dismiss all of the
charges against all of the San Francisco 8, and send a letter to Jerry Brown, Attorney
General of the State of California, calling on him, in the interest of justice,
to dismiss all of the charges against the San Francisco 8.
Financial Implications: None
Contact: Manuel Hector Jr., Commission Secretary 981-5100
Action: Removed from Consent Calendar for discussion. Approved recommendation as amended by Councilmember Maio. Vote: Ayes –Maio, Moore, Anderson, Spring, Capitelli, Olds, Worthington, Bates; Noes – None; Abstain – Wozniak.
Council Consent Items
21. Schedule Presentation: United in Action on the Subject of the Academic Achievement Gap (PDF, 188 KB)
From: Councilmember Moore
Recommendation: Re-schedule a short presentation from United In Action from the November 6, 2007 City Council meeting to the November 27, 2007 City Council meeting.
Financial Implications: None
Contact: Darryl Moore, Councilmember, District 2, 981-7120
Action: Removed from Agenda by City Manager. New date to be determined at the November 13, 2007 Agenda Committee Meeting.
Action Calendar – Old Business
22. ZAB Appeal: 2721 Shattuck Avenue - Nextel (PDF, 52 KB)(Carried over from October 23, 2007. where the public hearing was closed. No further public comment will be entertained. No council action taken. If council fails to act within 30 days, the decision of the Zoning Adjustments Board will be approved by operation of law. BMC 23B.32.060)
a. From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution overturning Zoning Adjustments Board denial and adopting findings for approval of Use Permit No. 04-10000068 for a new wireless telecommunications facility (including six antennas and related equipment) for Nextel Communications at 2721 Shattuck Avenue.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
1. Corey
Alvin (representative for Nextel Communications, applicant/appellant)
c. Communications (Received after October 23, 2007)
Action: M/S/C (Wozniak/Capitelli) to adopt Resolution No. 63,884–N.S. Vote: Ayes – Maio, Capitelli, Olds, Wozniak, Bates; Noes – Anderson; Abstain – Moore, Spring, Worthington.
23. ZAB Appeal: 2721 Shattuck Avenue – Verizon (PDF, 367 KB)(Carried over from October 23, 2007. where the public hearing was closed. No further public comment will be entertained. No council action taken. If council fails to act within 30 days, the decision of the Zoning Adjustments Board will be approved by operation of law. BMC 23B.32.060)
a. From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution overturning Zoning Adjustments Board denial and adopting findings for approval of Use Permit No. 05-10000033 for a new wireless telecommunications facility (including five antennas and related equipment) for Verizon Wireless at 2721 Shattuck Avenue.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1. James
Singleton (representative for Verizon Wireless, applicant/appellant)
c.
Communications (Received after October 23, 2007)
1. Manuela Albuquerque – City Attorney
Action: M/S/C (Wozniak/Capitelli) to adopt Resolution No. 63,885–N.S. Vote: Ayes – Maio, Capitelli, Olds, Wozniak, Bates; Noes – Anderson; Abstain – Moore, Spring, Worthington.
RECESS: 8:41p.m. – 8:55 p.m.
Action Calendar - Appeals
24. ZAB Appeal: 1365 Summit Road (Carried over from October 23, 2007) (PDF, 231 KB)
a. From: City Manager
Recommendation:
Adopt a Resolution
affirming the decision of the Zoning Adjustments Board to approve Use Permit
No. 06-10000105 for the demolition of the existing home at 1365 Summit Road and
to permit its replacement with a new single family residence.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1. Robin Gal
c. Communications
None
Action: Moved to Consent Calendar and set for public
hearing on November 27, 2007.
25. ZAB Appeal: 634 Woodmont Avenue (PDF, 17 MB)
Administrative Record (PDF, 24 KB)
a. From: City Manager
Recommendation: Adopt a Resolution
affirming the decision of the Zoning Adjustments Board (ZAB) to approve Use
Permit No. 07-10000068 for the construction of a new single family residence at
634 Woodmont Avenue.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b.Appeal
1. Nancy Schneider
2. Barbara E. Lena
c. Communications
1. Nancy Schneider and George Putris
2. Barbara E. Lena (2)
3. Steven and Judy Lipson
4. William Berland – Law Offices of Ferguson and Berland
5. Elaine Halnan
Action: Moved to Consent Calendar and adopted Resolution No. 63,886–N.S.
Action Calendar - Public Hearings
26. ZAB Appeal: 161 Panoramic Way (PDF, 15 MB)
a. From: City Manager
Recommendation: Deny the appeals and
approve Use Permit No. 04-10000145 to construct a new single family dwelling at
161 Panoramic Way, with modified conditions of approval to address the issues
discussed herein.
Financial Implications: None
Contact: Dan Marks, Planning and Development, 981-7400
b. Appeal
1. Regula Muller
2. Panoramic Hill Association
c. Communications (Received after September 11, 2007)
None
Action: Continued to January 29, 2008.
Action Calendar - New Business
27. Voting Delegates - 2007 National League Of Cities' Congress Of Cities (PDF, 240 KB)
From: City Manager
Recommendation: Designate a voting delegate and alternate to act on behalf of the City at the Annual Business Meeting at the National League of Cities' Congress of Cities.
Financial Implications: See report
Contact: Pamyla Means, City Clerk, 981-6900
Action: Moved to Consent Calendar and designated
Manuela Albuquerque to act on behalf of the City at the Annual Business Meeting
at the National League of Cities' Congress of Cities.
28. Discussion Regarding Possible Ballot Measures for the November 4, 2008 General Municipal Election PDF, 186 KB) (Carried over from October 23, 2007- Revised Item To Be Delivered)
From: City Manager
Recommendation:
1. Begin
discussion and provide general direction regarding the preparation of City
initiated ballot measures, including possible revenue measures, to be submitted
to the voters at the November 4, 2008 General Municipal Election.
2.
Direct the City Clerk to place the qualified Landmarks Preservation
Referendum Petition on the November 4, 2008 ballot as required by law.
3. Allow a brief presentation on
the conceptual design of the Warm Water Pool at the meeting tonight.
Financial Implications: See report
Contact: Phil Kamlarz, City Manager, 981-7000
Public Comments – 7
Action: Presentation made and discussion held. Future Worksession dates to be determined.
29. Revision of the Condominium Conversion Ordinance (BMC Chapter 21.28) (PDF, 192 KB)
From: City Manager
Recommendation: Provide direction to staff regarding revision of condominium conversion ordinance, BMC Chapter 21.28.
Financial Implications: None
Contact: Renelda Mary, Housing, 981-5400
Action: Moved to Consent Calendar. Tentative Worksession date of December 11,
2007 to be finalized at the November 13, 2007 Agenda Committee meeting.
Action Calendar - New Council Items
30. Creation of Sustainable Energy Financing District (PDF, 253 KB)
From: Mayor Bates
Recommendation:
Approve the concept of the
“Sustainable Energy Financing District” to allow property owners to finance
solar installations and energy efficiency improvements as a voluntary
assessment on their individual property tax bills and direct staff to continue
work developing the program.
Financial Implications: None
Contact: Tom Bates, Mayor, 981-7100
Public Comment -2
Action: M/S/C (Maio/Capitelli) to approve the Mayor’s recommendation to approve the concept of the “Sustainable Energy Financing District” to allow property owners to finance solar installations and energy efficiency improvements as a voluntary assessment on their individual property tax bills and direct staff to continue work developing the program.
Information Reports
31. Status Report: Warm Water Pool - Berkeley High School (PDF, 1.7 MB)
From: City Manager
Contact: Phil Kamlarz, City Manager, 981-7000
Action: Received and filed.
32. Miscoding of City of Berkeley Business Licenses (PDF, 248 KB)
From: City Manager
Contact: Robert Hicks, Finance, 981-7300
Action: Received and filed.
33. Unrepresented Temporary Employees (PDF, 244 KB)
From: City Manager
Contact: David Hodgkins, Human Resources, 981-6800
Action: Received and filed.
34. Berkeley Public Library Annual Report (PDF, 273 KB)
From: Board of Library Trustees
Contact: Donna Corbeil, Library, 981-6100
Action: Received and filed.
35. Audit: Follow-Up of Public Works Construction Contracts (PDF, 1.4 MB)
From: City Manager
Contact: Claudette Ford, Public Works, 981-6300
Action: Received and filed.
Public Comment – Items Not Listed on the Agenda –
4
Adjournment – 10:42 p.m.
Communications – 11/06/07 (PDF, 10 KB)
Item 30: Creation of Sustainable Energy Financing District
1.
Helen Green
Reinstating Funding to Berkeley Food and Housing Project
2. Daniel Marlin
Sale of Center Street Garage Setback Easement to SNK
3. Merrilie Mitchell
Fire Prevention
4.
David Wall
Proposed Zoning Changes for Automobile Dealerships
5.
Ann Chandler,
Community Conservation Centers
Earthquakes and Insurance
6.
Barbara
Gilbert
Commentary on Becky O’Malley
7.
Peter Mutnick
Supplemental Communications 1 (PDF, 10 KB)
Item 4: Amend Council Rules of Procedure, Article IV Conduct of Meetings, Regarding Comments f